High Court · 2010

I t has been cont ended by learned counsel for t he revlSI On pet it ionert hat chunni was put around t he neck of t he accused Sart ajand HarpreetKaur while t he ot her accused caughthold of Gupt a Suruchi 11: 09 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 72 CrleR1V0774of2009 08Ml e4 herand t hat t he sam e was also pulled I t is furt her cont endedt hat as per m edico legalreport inj ury was also found around t he neck of t he I t is furt her cont endedt hat t his very fact goes t o prim afacie showt hat int ent ionof accused was t o kill t he lt has funher t hat at t he st ageof fram ingof chargeeven st rongsuspiclOn lS for t he fram ingof chargeand t hat t he int ent ionis t o be from all t he circum st ances I t is furt her arguedt hat t he reinained unfit t o m ake t he st at em ent for t wo daysand t he st at em ent of wit nesses st ands corroborat ed by m edical evidence Hence it is cont endedt hat leam edAddit ional SessionsJudgehas erredin t he accusedfor offenceunder Sect ion 307 I PC 8 He has also placedrellance upon St at e of MadhyaPradesh Ve Mohan Lal Soni RCR 452 and SanghiBrot hers I ndorel Pvt Lim it ed v Sanj ayChoudharyand orSe 2008 6Crim inall640 RCR 9 On t he ot herhand it has beenarguedbyI earnedcounselfor t he m l 0 0 C I Z m I Oll r10 7 Z llhJL1ffence under Sect ion307 I PC is m adeout I t has been cont endedt hatt here t hat from a bare perusalof t he it self no was onlya cont uslon of size 6 x l cm around t he neck and t he sam e appears t o be self inflict ed as cont usion of such a size is not possibleif a chunni dupat t ais pulledaround t he neck I t is furt her cont ended t hat from t he avert nent S lI l t he com plaintit self t he requisit eint ent ion or knowledge cannot be at t ribut edt o t he accused and t hat at t he m ost t here was t hreatt o t he t o fet ch am ount of Rs l O lacs from her fat her lt is funher arguedt hat allegedlyleft t he house of her in4aws of her own and reached t he house of her parent sand narrat ed t he whole fact s and Gupt a Suruchi 11: 09 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 73 0 CrleRlVoe2774 of2009 082M1 Se hence it is cont endedt hat a false reporthas been from t he m edical offlcer ofKurukshet rat hatshewas not flt t o lnake st at em ent for t wo days 10 There is no disput e t he legal t hat at t he t im e of fram ingof chargeonlyprim afacie case is t o be seen and even if t here is st rong suspicionabout t he COllllnlSSlOll of offence and t he involvem ent oft he accused it is suflicientfor t he Couit t o fram echargeand t hat t here lS no t he opinionabout t he prospectof t he convict ion Law lS also well set t led t hat veracit yand effect of t he evidence which t he proposest o adduce are t o be gone int o at t hat st age 11 I n Mohan Lal Sonis case supra9OI l which reliancehas been placedby t he present revisioloet it ioner it was observed as under bv Honble ApexCourt XX Xx Xx XX As is evident from t he ext ract edaboveif t he Court is sat isfled t hat a prim afacie case m ade out 1S 1 C 0 0 I C5 I Z m C I c6 Q0 m 7 Z t l 00411 proceedingfurt hert hen a chargehas t o be fram ed Per Cont ra proposest o producet o if t he evidencewhich t he prove t he guiltoft he accused even iffullyaccept edbeforeit 1S byt he crossvexam lnat lOll or rebut t edbyt he defence evidence if any cannot show t hat accused com m it t ed t he part icularoffence t hent he chargecan be quashed 12 From t he decisionsreferredt o in t he sam e t he decisionsalreadyreferred t o above t here was no bar t o consider t he m at erialon record in t he case on handwhich was col lect ed duringt he course Gupt a Suruchi 11: 09 True Scanned Copy of Original PHHC,Chandigarh and produced JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 74 04 CrleRNol774 of 2009 082M1 6 beforet he Court and in vlew earlierbyt he HighCourt 49 12 I n Union of I ndia ve Prafulla Kum ar Sam al AlR 1979 SC 366 t he of Sect ion227 of t he CrPC Were consideredand t he Hone Court enunciat edt he broad be keptin vlew for t hepurposeof fram ingchargeas under 10 Thus on a considerat ionof t he aut horit ies inent ioned above t hefollowing em ergel l9 That t heJudgewhile t he t he of fram ing chargesunder Sect ion227 oft he Code has t he undoubt ed powert o sift and weight he evidence for t he liinit ed purpose of findingout whet heror not a prilnafacie case againstt he accusedhas been m adeout 2 Where t he inat erials placedbefore t he Court disclose grave susplClOn againstt he accused which has not been t he Coult will be fullyj ust ifledin fram ing a chargeand wit h t he t rial 0 0 I C9 I Z 08 Z Om 01111Jx 39 The t est t o det erm inea prim afacie case would nat urally dependupon t he fact s of each case and it is difflcult t o lay down a rule of universal applicat ionBy and largehowever if t wo views are equallypossibleand t he Judgeis sat isfied t hat t he evidence producedbefore him while givlngrise t o som e susplClOI lbut not grave suspicionagainstt he accused he will be fullywit hin his rightt o discharget he accused 649That in exercisinghis under Sect ion 227 of t he Code t he Judgewhich under t he presentCode ls a senlOT JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document Gupt a Suruchi 11: 09 True Scanned Copy of Original PHHC,Chandigarh 75 4 1 1 CrlRNo2774 of2009 0Ml 7 Court cannot act m erelyas a Post office or a m out hoiece of t he but has t o consider t he oft he case t he t ot al effect oft he evidence and t he docum ent s before t he court any basic infirm it ies in t he case and so on This however does not m ean t hat t he Judgeshould t nake a rovingenquiry lnt o t he pros and cons of t he m at t er and weight he evidence as ifhe was a t rial 15 13 I n Sat ish Mehra v Delhi Adm inist rat ion 1996 631RCR 6Crim inall410 SCI it was reit erat edt hat while t he fram ingof charget he Judgehas undoubt edpower t o sift and weight he evidence for t he lim it ed purpose of flndingout whet her a prim afacie case againstt he accused has been m ade out and t he t est t o det erm ine a prim a case would nat urallydependupont he fact s of each case and it was difficult t o laydown a rule ofuniversal 14 I n a recent renderedin St at e of MadhyaPradesh Ve Ram eshwar and ot hers 2009 RCR 709 it was observed by 1 0 C0 I C Z I C6 m 7 Z Llm Honble ApexCourt t hat HighCourt should not ordinarilyint erferewit h t he llllvt l t FlCourt s offram ingofchargeunlesst hereis glaringinj ust ice 15 Hence in t he cont ext of t his legalproposit ionit is t o be seen t o whet her learned al Court has com m it t ed any m at erial lllegalit yin holdingt hat prim afacie no case for offence under Sect ion307 I PC is m ade out againstt he I t is t o be seen as t o whet her t he be at t ribut ed t he requisit e t o com m it m urder which would render t hem I iable t o for t he offence under Sect ion 307 I PC alongwit hot her JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document Gupt a Suruchi t rial and 11: 09 True Scanned Copy of Original PHHC,Chandigarh 1 76 0 4 CrieRNoe2774of 2009 08MI e8 offences 16 I t would be t o reproduceSect ion 307 lPC in order t o t he cont ent loninadebycounselfor bot h t hepart ieswhich reads asunderl At t em pt of m urderl Whoever does any act wit h such int ent ionor and under such circum st ancest hat lf he byt hat act caused deat h he would be guilt yof m urder shall be wit h of eilher for a t erlll which m ay ext end t o t en years and shall also be liable t o 6ne if hurt is caused t o any person by such act t he oHender shall be liable eit her t o Iife or t o such as is hereinbeforem ent ioned At t em ptby I ift convict s When any person t his sect ion is undersent ence of for life he m ay ifhurt is caused be wit h deat h 15 17 Hence t he t hingt o be borne in m ind in t he quest ionwhet her an offence under Sect ion307 I PC is inade out is t he m 0 0 C49 I Z m I 08 10 Z t l int ent ion or r and t he requisit eint ent ion or of t he accused m ust be such as is necessaryt o const it ut em urder Hence for t he 1im it ed purpose of t he quest ionas t o whet her t here r7as lnt ent ion or knowledget hat byt he act done byt he accused deat h would be caused t he necessarym at erial on t he record is t o be perusedFor t his purpose t he Court at t he t im e of fram ingof chargecan sift and weigh t he evidence and also can see from t he t ot alit yof t he Clrcum st ances as t o whet hert herewas an int ent ion or knowledget o cause inurder 18 ln t he presentcase t he version of Gupt a Suruchi 11: 09 True Scanned Copy of Original PHHC,Chandigarh Jat inder Kaur 1S JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 77 P4I l CrleRNo2774 of 2009 41 8 t hat on 15122008 fat herlaw HardeepSingh GurbachanKaur caughthold of her from her hair and ot her t wo accuscd e brot her4nlawSart ajand sist erlaw HarpreetKaur put a chunni around her neck and pulledt he sam e and t hat if she will not fet ch Rs 10 lacs from her hom e t heyshall kill her and t hereaft erwhen she raised alarm she was t urned out of m at rilnonialhom e and t he accused ran upst airsand she herself reached t he house of her Hence it has been right lyobservedbylearnedt rial Court t hal from t he bare readingof above version of t he it goes t o show t hat allegedbeat ingof includingallegedput t ingof chunni around her neck was t o coerce her t o fet ch Rs 10 lacs from her hom eand for t hat purpose she was t um ed out of m at rim onial hom e and froin t hese allegat ions no inference can be drawn t hat requisit e or int ent iOI l can beat t ribut edt o t he accusedt o kill t he e 0 0 CA0 I CD I Z m r I 08 r10 19 Furt hert he inj uryon t he neck was onlya cont usion of size 6 X 7 Z r 1 cin which was sim plein nat ure Shewas conscious when she was m edico legallyexam ined Shehad gone t o t he house of her parent sfrom t hehouse I I lVl 11 of her in4aws of her own Hence it has also been right lyobserved by learned t rial Court t hat it lS not at t his st ageas t o how t he rem ainedunfit for givingher st at em ent for t wo daysas opined byt hem edical officer 20 t he Furt her t here is force in t he argum entofleam ed counsel for t hat no opinionwas soughtbyt he policefrom t he m edical offlcer as t o whet her t he cont usion of size 6 x l cm found on t he neck of t he t o life or could cause deat h in t he ordinarycourse ofnat ure and rat hert he opinionsought wast oadvise as t o Gupt a Suruchi 11: 09 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 78 1 f e CrlRNol774 of2009 O82M9 4 0 whet herdeat h could be caused if chunni had beenfurt herpulled around t he neck and a oplnlOn obt ainedfrom t he doct ort hat t hesam ecouldnot beruledout of FSL onlyshowst hat t he chunni was st rongenought o beart he forceof pulland t he sam e could be used for Hence t aken int o considerat lonall t hese fact s 1 1 m 0 0 I 0 I Z I 08 OO Wo Z includingt he kind of inj uryfoundon t he neck of t he t here1S t hat t he under Sect ion307 I PC for t he purposeof no sufficient groundfor com m it t ed an offence fram ingof charge 21 Hence t aken int o considerat iont he peculiarfact s oft he present as discussedabove and t he sift ingand weighingt he m at erial record for t he lim it ed purpose of chargeI am of t he view t hat orderpassedby leam edAddit ional SessionsJudgeKurukshet radoes not suffer froln any m at erial illegalit yThe sam e cannot be said t o be in any way perverseand hence t here is not hingas t o whyt his Court should int erferein t he order passedby learnedAddit ional SessionsJudge C Learned Addit ional SessionsJudgewas fullyj ust ifledt o exam ine if t he is t o be t riedand ifso for what offencelS t o be t ried m ore so when som e of t he offencesrelat e t o cases t riable by t he Court of Sessions and ot her by t he Court of Magist rat eAs from t he m at erial producedon t he record as discussedabove no case for fram ingof chargefor offenceunder Sect ion307 PC is m adeout leam edAddit ionalSesslonsJudgehas right ly t ransferredt he case fOr t rial t o Chief Judicial Maigst rat eKurukshet ra111 t enns of Sect ion 228 CrPC wit h a direct ion t o fralne form al charges againstt he for offences under Sect ions 4061498 1I b 1 A13231504read wit h Sect ion 34 I PC Gupt a Suruchi 11: 09 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 79 C CrleReNo2774of2009 O82MI 1m 22 Hence presentrevlSlOll is dism issedbeingdevold of 1 1 anym erit 23 However it is m adeclear t hat not hingobservedherein shall be const ruedas an of opinionof t his Court on t he decislonof t he case on m erit 831010 m eenu Not e2 Ram ea01U iTUI JldJ r Judge 6 Whet her referred t o be Report eror not 2 YeslN Y 10f S 401 L 0 0 I9 Z r I 08 r 3 Z Gupt a Suruchi 11: 09 True Scanned Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document